Ó Gribín -v- An Comhairle Mhúinteoireachta & Ors [2007] IEHC 454 (21 December 2007)

Ó Gribín -v- An Comhairle Mhúinteoireachta & Ors [2007] IEHC 454 (21 December 2007)

The State breached its constitutional and statutory obligations by failing to provide the applicant with necessary official documents and translations in Irish for the application process and by failing to publish the Irish version of the relevant Act within a reasonable time. The applicant's rights under Article 8 and Article 25.4.4° of the Constitution and section 7 of the Official Languages Act 2003 were violated. The applicant was entitled to relief, notwithstanding the fact that he did not submit an application, as he was prevented from doing so by the State's failure to provide the required materials in Irish.

Citation
[2007] IEHC 454
Parties
Applicant: Éamonn Ó Gribín; First Respondent: An Chomhairle Mhúinteoireachta; Second Respondent: An Roinn Oideachais agus Eolaíochta; Third Respondent: Éire; Fourth Respondent: An tArd-Aighne
Jurisdiction
Ireland
Judgment Date
21 December 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application granted in part
Legal Topics
Official Languages, Public Administration, Judicial Review, Equality Before the Law
Constitutional Law Administrative Law Language Rights Official Languages Public Administration Judicial Review Equality Before the Law

Case Brief

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Parties

Éamonn Ó Gribín

Applicant

An Chomhairle Mhúinteoireachta

First Respondent

An Roinn Oideachais agus Eolaíochta

Second Respondent

Éire

Third Respondent

An tArd-Aighne

Fourth Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the State is constitutionally and statutorily obliged to provide official documents and application materials in Irish as well as English for public posts and official business.
  2. 2 Whether the applicant's constitutional and statutory rights were breached by the failure to provide such documents in Irish.
  3. 3 Whether the delay in providing an Irish translation of the relevant Act was a breach of Article 25.4.4° of the Constitution and section 7 of the Official Languages Act 2003.

Ratio Decidendi

The State breached its constitutional and statutory obligations by failing to provide the applicant with necessary official documents and translations in Irish for the application process and by failing to publish the Irish version of the relevant Act within a reasonable time. The applicant's rights under Article 8 and Article 25.4.4° of the Constitution and section 7 of the Official Languages Act 2003 were violated. The applicant was entitled to relief, notwithstanding the fact that he did not submit an application, as he was prevented from doing so by the State's failure to provide the required materials in Irish.

Court Disposition

Application granted in part

Orders

  • Declaration that the applicant's constitutional and statutory rights were breached by the failure to provide necessary documents in Irish.
  • Order that the State must comply with its obligations to provide official documents and translations in Irish as required by law.